CRJA/5/2021
2023 Latest Caselaw 1822 UK

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                                   CRJA No. 5 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Akshay Pradhan, Advocate, for the appellant.

Mr. T.C. Agarwal, Deputy A.G., for the State of Uttarakhand.

This is a Criminal Jail Appeal preferred by the appellant, who is the convict for the commission of offence under Section 354 of I.P.C. and under Section 10 of POCSO Act.

By virtue of the judgment of conviction dated rd 23 October, 2020, the appellant has been directed to undergo a rigorous imprisonment for a period of 5 years, and all the sentences were to run concurrently.

The appellant has already served 3 years and 8 months of sentence out of the total sentence, as imposed upon him. But owing to his poverty, he could not avail the benefit of bail which stood granted to him on 22nd July, 2021, as he was not in a position to furnish the sureties.

But since, the appellant has already served major part of sentence, this Court is of the view, that the appellant may be directed to be released by extending the benefit of the provision contained under the Section 427 of Cr.P.C., as he has already undergone the major part of his sentence of 3 years and 8 months out of the total sentence of 5 years.

In view of the aforesaid, the judgement of conviction would stand affirmed and the appellant would be released as a consequence of the sentence undergone by the appellant.

The Criminal Jail Appeal stands disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 13.07.2023 Shiv